Planning and Zoning Board

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Planning and Zoning Board Wednesday, July 15, 2020 6:00 PM Virtual Meeting via Webex A. In an effort to reduce the possibility of exposure of residents to the COVID-19 (Coronavirus) the Planning and Zoning Board meeting will be held in the virtual environment via Webex and can be accessed by the following methods: Background: ***NOTE*** The City is dedicated to working hard and keeping our city moving forward, and a top priority during the COVID-19 pandemic is to help maintain the health of our employees and residents. Another top priority is being able to maintain public participation in our City meetings. The Planning and Zoning Board meeting will be held in the virtual environment via Webex and can be accessed by the following methods: Webex Meeting Details: Meeting number (access code): 132 541 4569 Meeting Password: xjCfmgJB638 (95236452 from phones and video systems) Join Meeting: <https://cityofdeltona.my.webex.com/cityofdeltona.my/j.php? MTID=mdd43fb3a17e070a60190feaf28f0a673> Join by Phone (Tap to call in from a mobile device (attendees only): +1-510-338-9438 <tel:+1-510-338-9438,,1325414569> Join by video system, application or Skype for business Dial 1325414569@webex.com <mailto:1325414569@webex.com> You can also dial 173.243.2.68 and enter your meeting number. Need help? Go to <http://help.webex.com> Please note your public comments can be submitted via one of the following mediums no later than 12 Noon, July 10, 2020 to ensure they are available for the Board to review prior to the meeting. · Email: <mailto:planning@deltonafl.gov> · Fax: 386-878-8601 All submitted comments will become part of the official City record, and be attached to the meeting minutes. This is a fluid situation and as procedures change, we will be sure to update you. 1. CALL TO ORDER: City of Deltona Page 1 Printed on 7/28/2020 Planning and Zoning Board Minutes July 15, 2020 The meeting was called to order at 6:00 p.m. 2. ROLL CALL: Present: 8 - Chair Michael Putkowski Secretary Jody Lee Storozuk Member Michael Bowman Member John Harper Member Ruben Munoz Alternate Susan Berk Alternate Allen Pfeffer Alternate Manuel Rodriguez Excused: 4 - Vice Chair Dwayne Kennedy Member Patricia Northey Alternate Charles Davidson Alternate Robert Trombetta 3. APPROVAL OF MINUTES & AGENDA: A. Minutes of February 19, 2020 Motion by John Harper, seconded by Ruben Munoz, to approve the Minutes of February 19, 2020. The motion carried unanimously. 4. PRESENTATIONS/AWARDS/REPORTS: 5. PUBLIC FORUM: Time permitted, public comment shall be permitted at the end of agenda items only and shall not exceed two minutes. 6. OLD BUSINESS: 7. NEW BUSINESS: A. Resolution No. 2020-39 - Conditional Use application to permit two (2) 116-inch Upper Floridan water supply wells within a public zoning district for property located at Roland Drive. Project No. CU20-0003. Mr. Paradise provided the Board with information regarding a conditional use request for two (2) 16-inch Upper Floridan Aquifer water supply wells to be located on three (3) contiguous City-owned parcels on Roland Drive. Mr. Paradise recommended that the Planning and Zoning Board recommend the City Commission grant approval of Resolution No. 2020-39 a Conditional Use application, CU20-003, for two (2) 16-inch Upper Floridan water supply wells to be located on three contiguous parcels on Roland Drive subject to the following conditions: 1. A minimum of a ten-foot landscape buffer shall be maintained from adjacent parcels and City of Deltona Page 2 Printed on 7/28/2020 Planning and Zoning Board Minutes July 15, 2020 the Roland Drive right of way. 2. An interior fence screened from view shall be constructed and maintained surrounding the two supply wells. 3. The access road to the water wells shall not be paved, but constructed with stabilizing materials that support the standard fire apparatus equipment. However if the wells become permanent, the City shall install a concrete apron between the edge of pavement and stabilized drive. 4. The water wells shall be constructed outside of the drainage right of way. 5. The applicant will need to submit and complete a Combination of Lots application. 6. The applicant will need to submit and complete the Site Plan application process. Discussion occurred regarding about the need of the wells for future use, the location, sink holes, testing, pricing, funding, buffers, and the effect on the City. Chris Hill, Mead & Hunt, the consultant for the project, explained there is no issue with protecting the geology of the area. Mr. Peters, Public Works, provided the Board with background about supply wells and information regarding testing. Member Harper asked if the supply wells are needed now or for the future. Mr. Paradise stated we will need them for the future because it is important to diminish our reliance on ground water from the Blue Springs Basin. Member Harper and Mr. Peters spoke regarding the effects on the residential wells around the proposed site. Member Munoz asked Mr. Peters how the water system works and where we get our current water from. Mr. Peters explained the purpose of the supply wells and started discussion about potable water, the way water systems work, and the importance of having supply wells. Scott Martin, 835 Gator Ln. Deltona, spoke regarding the residential wells around the proposed supply well. He advised he has experience with supply wells and they don't always go as planned. He asked if the City would have an immediate response to the neighbors if their wells were ran dry from the supply well. Mr. Martin requested to speak with Mr. Hill about the calculations and models at a different time. Discussion began about water mains, the drawdown area around the wells, drawdown testing, and the approval process for the supply wells. Secretary Storozuk asked if the supply well would relieve the pressure off of Blue Springs Basin and help the City for growth in the long term. Discussion continued about the future need of the supply wells and the growth of the City. Motion by John Harper, seconded by Jody Lee Storozuk, to recommend for approval, Resolution No. 2020-39 - Conditional Use application CU20-0003, to permit two (2) 16-inch Upper Floridan Aquifer water supply wells to be located on three (3) contiguous City-owned parcels on Roland Drive. The motion carried by the following vote: City of Deltona Page 3 Printed on 7/28/2020 Planning and Zoning Board Minutes July 15, 2020 For: 5 - Chair Putkowski, Secretary Storozuk, Member Harper, Alternate Berk and Alternate Pfeffer Against: 2 - Member Bowman and Member Munoz B. Ordinance No. 09-2020 - Three Island Lake South Residential Planned Unit Development (RPUD) Project No. RZ20-0002. Mr. Paradise explained to the Board that Ordinance 09-2020, Three Island Lake South RPUD is a requested change for 16 acres of land located on the south side of Lake Helen Osteen Road. He explained the current master plan, the comprehensive plan, and the City's future land use map. The property is designated as low density residential, density ranges from zero to up to six (6) units per acre. He continued to explain if the property gets developed it will be for 61 units with a density of 3.82 dwelling units per acre. He explained there are public services available including utilities and traffic capacity to support the development. He explained the buffers, amenities, and the lot sizes being proposed. Staff is requesting the Board recommend the approval of Ordinance No. 09-2020, Three Island Lake South RPUD. Member Berk started discussion about an HOA, lot sizes, and amenities for the subdivision. Traffic concerns were mentioned. Mr. Paradise explained the Traffic Impact Analysis (TIA) prepared by a traffic engineer, is based on a gravity model which is predicated on land uses that attract trips. Discussion continued about the TIA. Discussion moved to lot size, land uses, wetlands, and environmental impacts. Member Harper explained to the Board that he had ex parte contact by visiting the site, but did not have communication with anyone. He asked Mr. Paradise about the current housing capacity. Mr. Paradise explained looking at the 20 year planning horizon and it's clear the City does need more housing units. Discussion continued about lot sizes, past development projects brought before the Board, developer profits, traffic issues, and City growth. Applicant Mark Watts, 231 Woodland Blvd. Deland, explained the project includes 61 homes on 16 acres. He explained the analysis shows there is a mple utility, traffic, and school capacity for this development. He explained he held a Zoom meeting with the neighbors on May 21,2020, which led to discussions about landscape buffers and fences along the southern boundary. Mr. Watts spoke about the amenities being provided for the subdivision like a children play ground, a dog park, guest parking, and shade trees with benches. He stated the smaller lot sizes are driven by demographics and the economy. He discussed HOA's and keeping trees within the development. Discussion began about diversity, setbacks, intersections, the proposed parks, and the quality of life for residents. City of Deltona Page 4 Printed on 7/28/2020 Planning and Zoning Board Minutes July 15, 2020 Chairperson Putkowski asked Mr. Paradise if this project fits the Comprehensive Plan. Mr. Paradise stated yes, the project fits with the residential land use designation allowing up to six (6) dwelling units per acre. Discussion between Member Munoz and Mr. Watts continued about density. Member Munoz spoke about the Racetrac on Saxon causing accidents at the intersection with Finland Dr. Chairperson Putkowski stopped the discussion and asked Member Munoz to expedite things. City Attorney Segal-George stated this is a quasi-judicial hearing and the applicant had the right to submit the rezoning request. The applicant submitted it to the board, staff provided a staff report and the board gets to listen and decide how it wants to address it. As the board goes through this process it has to follow certain rules to protect the City and the process also. The board members’ comments need to be specific to the application. The conversation is getting way beyond any kind of pertinence to the application that is in front of the board and that kind of discussion is not in the City's best interest to have on the record. The board needs to hold the hearing appropriately and as Member Harper pointed out, the board members should have revealed any ex parte communications at the beginning of the meeting. She suggested that each board member reveal any ex parte communications now before a vote is taken so it is on the record. She asked that everybody’s comments be particularly pertinent to the application that is in front of them. The board member can ask questions, the applicant’s representative can answer and then move on. If there are additional questions that need to be answered fine, but there are a lot of comments being made that are hard to determine the relevance to the application. Member Harper called the question. Motion by Member Harper and seconded by Member Storozuk, to call the vote, however there was no motion on the floor. Member Berk asked Mr. Watts what the minimum square footage of a house on the lots would be, he answered 1200 sq. ft. and there is no upper limit. Chairman Putkowski asked if there were any comments from the public other than what was already provided and Mrs. Kyp replied she did not have any requests to speak. Chairman Putkowski read the public comments into the record. Chairman Putkowski stated the motion has been made and properly seconded. City Attorney Segal-George reminded the Chairman that he needed to ask the board members if they have had any ex parte communications. Member Berk stated she had no ex parte communications. Member Storozuk stated he had no ex parte communications. Member Pfeffer stated he had no ex parte communications. City of Deltona Page 5 Printed on 7/28/2020 Planning and Zoning Board Minutes July 15, 2020 Member Harper stated he had visited the site. Member Bowman stated he had no ex parte communications. Member Munoz stated he had no ex parte communications. Chairman Putkowski stated he had no ex parte communications. Chairman Putkowski asked for a roll call vote, however, there was no motion or second on the floor. The vote was as follows: For: 1 - Chair Putkowski Against: 6 - Secretary Storozuk, Member Bowman, Member Harper, Member Munoz, Alternate Berk and Alternate Pfeffer Mr. Paradise asked the Chairman what was the motion on the table and several members replied there was no motion. Chairman Putkowski asked Member Harper if the motion was to approve the application and Member Harper replied no, Mr. Paradise is correct there was no motion. Motion by Member Harper, to approve Ordinance No. 09-2020. Motion died for lack of a second. Mr. Paradise asked Member Harper to add the language from the Development Agreement to the motion. Member Harper said he was not going approve the motion, so he did not feel like it was appropriate to add it to the motion. Attorney Segal-George stated they should make a motion to deny, to see if that would be accepted. Motion by Member Storozuk, seconded by Member Dr. Pfeffer, to deny the application, Ordinance No. 09-2020. The motion carried by the following vote: For: 6 - Secretary Storozuk, Member Bowman, Member Harper, Member Munoz, Alternate Berk and Alternate Pfeffer Against: 1 - Chair Putkowski 8. STAFF COMMENTS: 9. BOARD/COMMITTEE MEMBERS COMMENTS: City of Deltona Page 6 Printed on 7/28/2020 Planning and Zoning Board Minutes July 15, 2020 Member Munoz made comments about wanting a document for the rules of the meeting for all of the members. He asked if it was possible to receive a City email account for communication with citizens. Mr. Paradise stated that there is a slippery slope with Sunshine Law, ex parte communitcations, and having a City e-mail addresses. Member Munoz gave his concerns about having to use his personal email and personal information. Mr. Paradise explained ex parte communication if its disclosed its appropriate, and each member needs to draw their own boundaries on how they want to compose themselves on this matter. Attorney Segal-George stated that if anyone has ex parte communication you have to disclose them by giving who you talked to because the attorney representing the applicant has every right to ask you questions about what you talk to them about and what you did. They could ask the City if you emailed with somebody, that is ex parte communication and the City would have to produce the emails. She explained with the Board having City emails could cause the City to be part of whatever potential, either Sunshine violation or ex parte communication and they can't do that. Member Pfeffer asked Attorney Segal-George if she could give a quick lecture on Sunshine Laws on that members are allowed to do and what they can't do. She stated she would be happy to, and it would happen next meeting. The Sunshine Law overview will be on the agenda next meeting. She then told the members if they needed to get a hold of her for any reason to go through the board secretary. 10. ADJOURNMENT: The Meeting adjourned at 8:07 pm. ______________________________ Michael Putkowski, Chairperson ATTEST: ______________________________ Jessica Entwistle, Board Secretary City of Deltona Page 7 Printed on 7/28/2020